Sign-in Help

Property disputes in Scotland

View Property Disputes by content type:

Practice notes
Precedents
Q&As
News

Latest Property Disputes News

Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

The following Property Disputes news provides comprehensive and up to date legal information on Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Fracking—shaking up the law of trespass?

Fracking—shaking up the law of trespass?

The following Energy news provides comprehensive and up to date legal information on Fracking—shaking up the law of trespass?

Under what circumstances could businesses challenge fracking in their area?

Under what circumstances could businesses challenge fracking in their area?

The following Energy news provides comprehensive and up to date legal information on Under what circumstances could businesses challenge fracking in their area?

Featured Property Disputes content

Forfeiture of a lease

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Claims for use and occupation, mesne profits, double rent and double value

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

Specific performance of property agreements

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
Read More >
9th Nov
Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Read More >
9th Nov
Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
Read More >
9th Nov
Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
Read More >
9th Nov
Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
Read More >
9th Nov
tag iconCOVID-19
Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
Read More >
9th Nov
Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
Read More >
9th Nov
Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
Read More >
9th Nov
Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
Read More >
9th Nov
Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
Read More >
9th Nov
Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
Read More >
9th Nov
Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
Read More >
9th Nov
Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
tag iconIn-house
Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
Read More >
9th Nov
Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
Read More >
9th Nov

Most recent Property disputes in Scotland content

Practice notes

Coronavirus (COVID-19)—Scotland tracker

This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
Read More >
27th Jan
tag iconCOVID-19 tag iconScottish Law
Practice notes

Scotland: gratuitous alienations by individual debtors

For any insolvency process to operate effectively, it is essential the person appointed to wind-up the insolvent estate has powers that enable them to...
Read More >
Produced in partnership with James Lloyd of Harper Macleod 27th Jan
tag iconScottish Law
Practice notes

Coronavirus (COVID-19)—property in Scotland

This Practice Note introduces the key implications that property practitioners in Scotland should consider in relation to the coronavirus pandemic,...
Read More >
27th Jan
Practice notes

Inhibition in Scottish civil litigation

This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
Read More >
Produced in partnership with Julie Hamilton of MacRoberts LLP 26th Jan
tag iconScottish Law
Practice notes

Coronavirus (COVID-19) implications for dispute resolution in Scotland

Members of the public are normally welcome to visit the courts and tribunals in Scotland for many reasons, including to support those involved with...
Read More >
25th Jan
tag iconCOVID-19 tag iconScottish Law
Practice notes

First Tier Tribunal for Scotland (housing and property chamber)

Coronavirus (COVID-19): As a result of Coronavirus (COVID-19), various changes have been made to procedure, conduct of hearings and pre-action...
Read More >
Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 25th Jan
tag iconScottish Law
Q&As

The policy intention behind the Private Housing (Tenancies) (Scotland) Act 2016 (PHT(S)A 2016) is that private residential tenancies (PRTs) are to be indefinite tenancies with no minimum duration. PHT(S)A 2016, s 44 provides that PRTs may not be brought to an end by the landlord, the tenant, nor by any agreement between them, except in accordance with PHT(S)A 2016, Pt 5

If the parties to a private residential tenancy (PRT) did agree a fixed term duration:•would this affect the ability of either party to terminate the...
Read More >
22nd Jan
Practice notes

Scotland: the process for applying for sequestration

For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence...
Read More >
Produced in partnership with James Lloyd of Harper Macleod LLP 19th Jan
tag iconScottish Law
Practice notes

Bringing a residential tenancy to an end in Scotland

Coronavirus (COVID-19): Schedule 1 to the Coronavirus (Scotland) Act 2020 (C(S)A 2020), and C(S)A 2020, s 2 increases the notice period for:•Private...
Read More >
Produced in partnership with Gavin Deeprose of DLA Piper 19th Jan
tag iconScottish Law
Practice notes

Interdict and interim interdict in Scottish civil litigation

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
Read More >
Produced in partnership with Jim Cormack of Pinsent Masons 18th Jan
tag iconScottish Law
Practice notes

Jurisdiction in Scottish civil litigation

Brexit: The UK's departure from the EU has implications for practitioners considering jurisdiction. This Practice Note reflects the position up to and...
Read More >
Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 18th Jan
tag iconScottish Law
Practice notes

Pre-action requirements in Scottish civil litigation

This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
Read More >
Produced in partnership with Euan McSherry of Aberdein Considine 18th Jan
tag iconScottish Law
Practice notes

Irritancy in commercial leases—Scotland

Coronavirus (COVID-19): Schedule 7 to the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 provides protection for commercial tenants...
Read More >
Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 15th Jan
tag iconScottish Law
Practice notes

Disputes concerning servitudes in Scotland

Essential features of a servitudeThe requirements for a valid servitude are set out in Practice Note: Servitudes in Scotland—Requirements for a...
Read More >
Produced in partnership with Seb Galastro of DLA Piper Scotland LLP 15th Jan
tag iconScottish Law
Practice notes

Property disputes in Scotland (delictual and statutory)

STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18 December 2018 and will be effective from a date still to...
Read More >
Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 15th Jan
tag iconScottish Law
Practice notes

The Electronic Communications Code—Scotland

This Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights, how they arise—(ie by agreement made between...
Read More >
Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 15th Jan
tag iconScottish Law
Practice notes

Surrender (renunciation) of leases in Scotland

Default positionBilateral surrender (or renunciation as it is referred to under Scots law) is the method by which a tenant gives up its rights under a...
Read More >
Produced in partnership with Alistair Drummond and Struan Brock of DLA Piper Scotland 15th Jan
tag iconScottish Law
Practice notes

Recovering rent, arrears and rates considerations in Scotland

Coronavirus (COVID-19): Schedule 7 of the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 provides protection for commercial tenants...
Read More >
Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 15th Jan
tag iconScottish Law
Practice notes

Lease break option disputes—Scotland

Break clausesA break clause is a term in a lease which permits the landlord or the tenant to terminate a lease early. Break clauses are considered in...
Read More >
Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 15th Jan
tag iconScottish Law
Practice notes

Disputes in assignation and subletting leases in Scotland

Assignation and sublettingAssignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The...
Read More >
Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 15th Jan
tag iconScottish Law

Popular documents

LEXISNEXIS

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of

LEXISNEXIS

Money laundering offences—tipping off and prejudicing an investigation

Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.

LEXISNEXIS

Issue of redeemable shares

A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without

LEXISNEXIS

Letter to client on disclosure obligations under CPR 31

This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on